Beyond Elu v'elu: Textual Models for Difference

From when, that is, from what time, does one recite Shema in the evening? From the time when the priests enter to partake of their teruma.Until the end of the first watch. That is the statement of Rabbi Eliezer. The Rabbis say: until midnight. Rabban Gamliel says: until dawn, There was an incident where Rabban Gamliel’s sons returned very late from a wedding hall. They said to him, as they had been preoccupied with celebrating with the groom and bride: We did not recite Shema. He said to them: If the dawn has not yet arrived, you are obligated to recite Shema. and that it is not only with regard to the recitation of Shema, but rather, wherever the Sages say until midnight, the mitzva may be performed until dawn. If so, why did the Sages say that they may be eaten only until midnight? This is in order to distance a person from transgression,

§ The mishna continues: Or if one establishes his sukka atop a camel, the sukka is fit. The Gemara asks: Who is the tanna of the mishna? It is Rabbi Meir, as it is taught in a baraita: In the case of one who establishes his sukka atop an animal, Rabbi Meir deems it fit and Rabbi Yehuda deems it unfit. The Gemara asks: What is the rationale of Rabbi Yehuda? The Gemara answers: the verse states: “You shall prepare for yourself the festival of Sukkot for seven days” (Deuteronomy 16:13), from which Rabbi Yehuda derives: A sukka that is suitable for seven days is called a sukka, while a sukka that is not suitable for seven days is not called a sukka.

And Rabbi Meir would say By Torah law, this sukka is also suitable and it is the Sages who issued a decree.

However, if one utilized his animal as a wall for a sukka---Rabbi Meir deems it unfit and Rabbi Yehuda deems it fit, as Rabbi Meir would say: With regard to any animate object, one may neither establish it as a wall for the sukka, nor as a side post placed at the entrance to an alleyway nor as one of the upright boards placed around wells , nor as the covering for a grave. In the name of Rabbi Yosei HaGelili the Sages said: Nor may one write bills of divorce on it.

The Gemara asks: What is the rationale of Rabbi Meir? Abaye said: lest the animal die. Rabbi Zeira said: It is due to the concern lest it flee. . In the case where one established a wall with a tied elephant, everyone agrees that the sukka is fit, as even if it dies and falls, its carcass still has a height of ten. Where they disagree is in the case of an elephant that is not tied. According to the one who said: "lest the animal die", we are not concerned According to the one who said: It is due to a decree lest it flee, we remain concerned.

The Gemara asks: According to the one who said: It is due to a decree lest it die, let us also be concerned lest it flee, as that too is a reasonable concern. Rather, this is the explanation: In the case where one established a wall with an elephant that is not tied, everyone agrees that the sukka is unfit lest it flee. Where they disagree is in the case of a tied animal. According to the one who said: It is due to a decree lest the animal die, we are concerned, And according to the one who said: It is due to a decree lest it flee, we are not concerned.